N. Kalaiyarasan, v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :06.01.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU N.Kalaiyarasan ... Petitioner Vs.

1.The State of Tamil Nadu Rep by its Principal Secretary to Government, Finance (Salaries) Department, Secretariat, Chennai 600 009.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Tamil Nadu Electricity Board, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

3.The Managing Director, India Medical Insurance Scheme, No.27, Lakshmi Tower 2nd Floor, Radhakrishna Road, Chennai-04.

4.The Deputy Manager, United India Insurance Company Ltd., Divisional Office, Silingi Buildings, No.134, Greams Road, Chennai 600 006.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 3 and 4 to pass orders on the petitioner's representation dated 28.08.2012 which was forwarded by the 2nd respondent in Letter No.022856/Ni.Pi.1/Pi.3/2013 dated 20.02.2013 and to reimburse the amount of Rs.1,46,022/- (Rupees One Lakh Forty Six Thousand and Twenty two only) to the petitioner's which was paid by his to the approved Hospital under the Health Insurance Scheme, 2012 for the petitioner's son Selvan.K.Muthu Manikandan within a stipulated time may be fixed by this Court.

For Petitioner :Mr.M.Saravanakumar For Respondents :Ms.D.Farjana Ghoushia Special Government Pleader for R1 :Mr.S.Arivalagan for R2 :No appearance for R3 & R4

O R D E R

This writ petition is filed seeking for a mandamus to direct the 3rd and 4th respondents to reimburse the medical expanses based on the petitioner's representation dated 28.08.2012.

2.The learned counsel for the petitioner would submit that the petitioner is working as a Mazdoor Grade-II under the control of the 2nd respondent. Towards the medical facilities, the petitioner had been enrolled in an insurance scheme with the 3rd and 4th respondents and he has been paying subscription regularly. While so, his son has met with an accident and was taken to the nearest Multi Care Hospital namely Dr.Jeya Sekaran Hospital, Nagercoil. He had expended a sum of Rs.1,66,022/- and that he had made a claim for the same. The 2nd respondent herein, by his communication dated 20.02.2013 had made a recommendation for disbursing the amount to the 3rd respondent herein. Inspite of the recommendation made, the reimbursement has not been effected by the 3rd and 4th respondents. Hence, he had approached this Court. 3.Inspite of the notice to the 3rd and 4th respondents, either they have appeared in person or through their counsel. 4.Considering the prayer that sought for in this writ petition, the 3rd and 4th respondents are directed to disburse the amount as claimed by the

petitioner, pursuant to the recommendations made by the 3rd respondent, within a period of eight weeks from the date of receipt of a copy of this order.

5.In view of the aforesaid direction, this writ petition stands disposed of. There shall be no order as to costs. 06.01.2023 Index : Yes / No Speaking Order/Non Speaking Order sbn To 1.The State of Tamil Nadu Rep by its Principal Secretary to Government, Finance (Salaries) Department, Secretariat, Chennai 600 009.

2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., Tamil Nadu Electricity Board, Kanyakumari Electricity Distribution Circle, Nagercoil, Kanyakumari District.

K.KUMARESH BABU, J.

sbn 06.01.2023